Legal Theory

Scott Dodson (University of Arkansas - School of Law) has posted Pleading Standards after Bell Atlantic v. Twombly (Virginia Law Review In Brief, Vol. 93, pp. 121-128, July 9, 2007) on SSRN. Here is the abstract:In Bell Atlantic Corp. v.... - [Read more]

Matthew Adler Eric Posner have posted Happiness Research and Cost-Benefit Analysis on SSRN. Here is the abstract:A growing body of research on happiness or subjective well-being shows, among other things, that people adapt to many injuries more rapidly than is... - [Read more]

Pamela Hieronymi has posted Responsibility for Believing (Synthese) on the Internet. Here is an abstract:To some it seems that rejecting doxastic voluntarism (rejecting the claim that we can believe at will) calls into question our responsibility for our beliefs. The... - [Read more]

Stefan Brands (McGill University) has posted Secure User Identification Without Privacy Erosion (University of Ottawa Law Technology Journal, Vol. 3, No. 1, 2006) on SSRN. Here is the abstract: Individuals are increasingly confronted with requests to identify themselves when accessing... - [Read more]

Shubhankar Dam (Harvard Law School) has posted Situating the Core and Structure of Experience in Constitutional Interpretation: Judicial Reasoning Under the Indian Constitution (Public Law Review, December 2007) on SSRN. Here is the abstract:This article is about texts: texts of... - [Read more]

Steven Davis (Center on Values and Ethics) has posted Privacy, Rights, and Moral Value (University of Ottawa Law Technology Journal, Vol. 3, No. 1, 2006) on SSRN. Here is the abstract:First, I set out the nature of rights and distinguish... - [Read more]

Andreas Zimmermann (University of Kiel - Walter Schücking Institut) has posted Is it Really All About Commitment and Diffusion? - Why Do States Incorporate International Law in Their Domestic Constitutions? (University of Illinois Law Review, No. 1, 2008) on SSRN.... - [Read more]

William N. Eskridge Lauren Baer have posted The Supreme Courts Deference Continuum, An Empirical Analysis (Chevron to Hamdan) on SSRN. Here is the abstract:Eskridge and Baer conducted an empirical study of all 1014 Supreme Court cases between 1984 and 2006... - [Read more]

The UK philosopher, Timothy Sprigge, has passed away. Here is his magnificient poem: THE HISTORY OF WESTERN PHILOSOPHY BY TIMOTHY L. S. SPRIGGEMarch 5, 20031. There once was a thinker called PlatoWho said this our worlds second rate-oh,Its just a... - [Read more]

Joseph Raz (University of Oxford Law Faculty) has posted Reasoning with Rules on SSRN. Here is the abstract:What is special about legal reasoning? In what way is it distinctive? How does it differ from reasoning in medicine, or engineering, physics,... - [Read more]

Scott Cummings (University of California, Los Angeles - School of Law) has posted Law in the Labor Movements Challenge to Wal-Mart: A Case Study of the Inglewood Site Fight (California Law Review, Vol. 95, 2007) on SSRN. Here is the... - [Read more]

Tamara Rice Lave (University of California, Berkeley) has posted Controlling the Offender: Sex, Mental Illness and the Static 99 on SSRN. Here is the abstract:Sexually violent predator (SVP) laws are inherently suspicious because they incarcerate people not because of what... - [Read more]

Matthew J. Parlow (Chapman University - School of Law) has posted A Localists Case for Decentralizing Immigration Policy (Denver University Law Review, Vol. 84, No. 4, 2007) on SSRN. Here is the abstract:In the past year, local governments have made... - [Read more]

David Hasen (University of Michigan at Ann Arbor - Law School) has posted Unwinding Unwinding on SSRN. Here is the abstract:Unwinding is a common, if not ubiquitous, feature of tax practice. In a successful unwind, parties to a prior transaction... - [Read more]

Nick Taylor (University of Leeds - School of Law) has posted Regulating Big Brother: The UK Approach on SSRN. Here is the abstract:Closed Circuit Television (CCTV) is generally used in public spaces as one of a number of tools of... - [Read more]